"Punishment for throwing objects at high altitude" should be advertised

  Song Pengwei

  Because of relationship problems, the man Hu had a dispute with his lover, and then grabbed a picture frame and threw it out of the window of the 22nd floor residence, almost hitting the children playing downstairs.

On December 13, the Wanbailin District Procuratorate of Taiyuan City informed that after a prosecution filed by the court, Hu Mou, who threw objects at high altitude, was sentenced to 3 years in prison for the crime of endangering public safety by dangerous methods.

(December 14 "Taiyuan Evening News")

  Throwing a picture frame and being jailed for three years, which seemed to be out of touch with each other in the past, has now become a reality.

The reason is very simple. Because it is a high-altitude throwing object, it is likely to bring serious consequences to the lives and property of the people, so it must be severely punished, and it is not based on the premise of "whether it produces serious consequences."

  Not to mention the parties involved, I am afraid that many people are surprised by such a verdict.

On the one hand, throwing objects at high altitudes occur from time to time, and in the past few people have heard of sentencing; on the other hand, after all, no one was hit, which is inconsistent with many people’s impression that “the consequences determine the intensity of punishment”.

The fact is true. Judging from many cases in the past, even if people were killed by throwing objects at high altitude, most of the perpetrators were eventually sentenced to probation.

According to the law at that time, as long as they were not repeat offenders, and actively compensated and obtained the understanding of the victim's family, considering that the probation would no longer harm society, the perpetrators often did not even have to sit in jail for a day.

This is obviously disproportionate to the serious harm it may bring, and it cannot be effective.

  This situation was reversed at the end of last year.

In November 2019, the Supreme People’s Court issued the "Opinions on Properly Trial of Cases of Throwing Objects and Falling Objects from High Altitudes in accordance with the law", clarifying that for those who intentionally throw objects from heights, the crime of endangering public safety by dangerous methods, the crime of intentional injury, or the crime of intentional homicide based on specific circumstances Argumentation.

Compared with the past, the biggest difference is that it does not presuppose serious consequences, and the sentence starts at three years.

  The relevant judicial opinions undoubtedly played a great deterrent effect on the chronic disease of parabolic high-altitude that "the majority has no consequences" but "there are serious consequences".

Therefore, in the past year, similar judgments in various places have increased significantly, and the situation of "disposing at will" is being reversed.

However, the publicity of related cases is still insufficient, and many people's awareness of the consequences is still in the past.

If the community and property can vigorously publicize the local “first case” of throwing objects at high altitude, it will have greater warning significance due to geographical proximity and help avoid similar situations.

  In addition, even if throwing objects at high altitude, how to prevent them is still the key and difficult point. What if it is difficult to find the parabolic? This requires that the property must fulfill its responsibilities and strengthen the collection of evidence by adding "upward probes", etc., which can not only reduce its own responsibility, but also play a deterrent effect in peacetime. In any case, the governance of this "sharp sword hanging over the head" must be speeded up. In addition to strict law enforcement and punishment of violations of the law, daily governance must also be strengthened, so as not to allow any illegal activities to escape by chance.